Sample contract for the transportation of personal belongings. How to draw up an agreement for the carriage of goods by various modes of transport

This selection of samples and forms will help carry out any transportation of cargo across Russia by road. Regulatory documents regulate transport logistics and make it possible to establish legal relations between the cargo owner, cargo carrier and forwarder. In addition to documents, you may be interested in our review.

The page provides samples and forms of documents for cargo owners and cargo carriers. These commercial documents allow you to regulate the duties and responsibilities of the customer and contractor in the field of freight transportation in Russia. The database of regulations (forms) will be useful to transport and logistics companies, as well as individuals working in the field of logistics and cargo transportation. Based on the standard documents presented, shippers and carriers can carry out domestic or international cargo transportation of any type and purpose, such as: road transportation, railway transportation, air transportation, sea, and river transportation.

When transporting goods in Russia, cargo carriers and cargo owners are required to comply with the provisions of the Russian Federation and prepare the following documents:

1. AGREEMENT FOR CARGO TRANSPORTATION

• Note:An agreement for the carriage of goods is concluded between legal entities (companies), where one party is the customer and the other is the contractor. The same agreement is concluded between a company (legal entity) and an individual (private owner), where an individual can only be a customer. Contracts for the carriage of goods are divided into short-term and long-term. Short-term contracts are usually concluded for a one-time transportation of a specific product (cargo); a short-term contract can also be an application contract. Long-term contracts are concluded for one year or more and imply permanent obligations of the contractor (cargo carrier) to accept and deliver the customer’s cargo during the entire term of the contract, and the customer (cargo owner) is obliged to provide on an ongoing basis the cargo for transportation (volume) specified in the contract .

• The rules for concluding contracts for the carriage of goods: by road, railway transport, air transport, sea or river transport are regulated.

Form of contract for the carriage of goods by road

• A cap.
• Paragraph 1. Subject of the contract - we briefly indicate the subject of the contract between the customer and the contractor.
• Point 2. Responsibilities of the performer - indicate the responsibilities of the performer. (This point can be removed and the responsibilities of the performer can be written down, for example, in point 3).
• Point 3. Responsibilities of the parties - we indicate the responsibilities of the contractor and the customer.
• Point 4. The procedure for paying for the contractor’s services - we enter the payment procedure, here you can specify the terms of payment, how the customer will pay, cash or non-cash payment, etc.
• Point 5. Responsibility of the parties - we indicate the responsibility of the contractor and the customer, fines, penalties, etc. (Clause 5 can be divided into different points, for example, the responsibility of the customer and the responsibility of the contractor).
• Point 6. Validity period of this agreement - we indicate the duration of the agreement and methods for its extension.
• Point 7. Dispute resolution - we indicate how and where disputes between the customer and the contractor will be resolved if they arise.
• Point 8. Force majeure circumstances - we indicate under what circumstances the customer and the contractor may be relieved of their obligations under the contract.
• Point 9. Special conditions - in this paragraph you can specify special conditions of the agreement, for example, not to disclose to third parties any information about each other, in how many copies the agreement is drawn up or how it can be changed, etc.
• Point 10.

2. TRANSPORT FORWARD AGREEMENT

• Note:A transport expedition contract is needed when, when transporting goods, there is a need to perform a whole range of auxiliary operations related to the transportation and receipt of goods: in particular, their packaging, labeling, loading and unloading, delivery to the station (port) of departure or from the station ( port) destination to the recipient's warehouse. Many may wonder what the difference is between a contract of carriage and a contract of transport expedition. In the field of legal regulation, the contract of carriage and the contract of transport expedition are two independent and non-subordinate contracts.

• The Civil Code of the Russian Federation directly provides for the possibility of the carrier fulfilling the duties of a freight forwarder - in this case, the contract becomes mixed and the rules governing the transport expedition contract are applied to transport-forwarding relations under such a mixed contract (clause 2 of Article 801 of the Civil Code). Article 801 of the Civil Code of the Russian Federation, the concept of “obligations of the forwarder.

Transport expedition contract form

• For your convenience, the contract has already been completed. You just need to open the file in the word editor and enter your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the contract

• A cap. The title of the agreement includes the name of the organization (full name of the company), full name. director and on the basis of what documents he enters into an agreement, for example, a charter, a power of attorney, etc.
• Paragraph 1. Subject of the agreement - we briefly indicate the subject of the agreement between the forwarder and the client.
• Point 2. Responsibilities of the forwarder - indicate the responsibilities of the forwarder.
• Point 3. Documents for the forwarder - documents necessary for the forwarder to transport goods.
• Point 4. Responsibility of the forwarder - indicates the responsibility of the forwarder, fines, penalties, penalties, etc.
• Point 5. Final provisions - we indicate the rules for terminating the contract, full legal details. person or individual, signatures and seals of both parties.

3. CONTRACT APPLICATION FOR CARGO TRANSPORTATION

• Note:An application contract for the carriage of goods can act as both the main contract between the customer and the contractor, and as an annex to the main contract for cargo transportation. The application contract is often used for one-time transportation, as a simplified version of the main contract. Such a “mini-agreement” usually spells out the main clauses that regulate the duties and responsibilities of the parties.

Application form for the transportation of goods by road

• For your convenience, the contract application has already been filled out. You just need to open the file in the word editor and enter your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the application agreement

• A cap. The header of the application agreement indicates that this is an application agreement, indicates the originating number, date and place of conclusion of the application agreement.
• Paragraph 1.
• Point 2.
• Point 3.
• Point 4.
• Point 5.
• Point 6. Additional conditions - here you can specify the customer’s responsibility, fines, penalties and other legal issues.
• Point 7.
• Point 8. Details of the parties - here we indicate the full details of the legal entity. persons or individuals. (Signatures and seals of both parties must be affixed, otherwise the agreement will not have legal force).

4. APPENDIX TO THE MAIN AGREEMENT APPLICATION FOR CARGO TRANSPORTATION

• Note: an application for the carriage of goods as an annex to the main contract may not have clauses regulating the legal rights of the customer and the contractor. As a rule, it is used in long-term cooperation between the cargo owner and the cargo carrier, as evidenced by an agreement concluded for a period of one year or more. This application form is more of an information document, which indicates: the date and time of delivery of transport, the point of loading and unloading, the details of the driver, the vehicle, and only after approval by the signature or seal of the customer it has legal force and acts as an annex to the contract for the carriage of goods. All the main points governing the duties and responsibilities of the parties are regulated by the main agreement with reference to the application (application).

Application form for cargo transportation annex to the contract

• For your convenience, the annex to the contract has already been completed. You just need to open the file in the word editor and enter your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out an application for cargo transportation

• A cap. The header of the application indicates that this is an annex to the main contract, indicates the originating number of the contract and application, the date and place of conclusion of the application.
• Paragraph 1. Route - indicate the loading city and unloading city.
• Point 2. Loading - indicate the shipper, address, loading date and contact person who will be present at loading.
• Point 3. Unloading - indicate the consignee, address, date of unloading and the contact person who will be present at the unloading.
• Point 4. Cargo parameters - indicate the name of the cargo, weight, dimensions, packaging.
• Point 5. Mutual settlements - we indicate the cost of transportation and how payment will be made to the contractor.
• Point 6. Additional conditions - we indicate that the facsimile copy has legal force. (In general, this clause can be removed, since all the conditions are specified in the main agreement.
• Point 7. Dedicated rolling stock - indicate the name of the transport, state. numbers, full name, passport details, license number and driver’s telephone number.
• Point 8. Details of the parties - here we indicate the full details of the legal entity. persons or individuals. (Signatures and seals of both parties must be provided, otherwise the application will not have legal force).

5. TRANSPORT CONTENT

• Note: The new regulatory act, the consignment note, has been in effect since March 2012. It is a mandatory and main accompanying transportation document for cargo carriers. The TN is printed in three copies, for: the cargo owner, the cargo carrier and the consignee. The form (TN) contains fields with complete data of the cargo carrier, consignor, consignee and confirms the carrier’s right to transport cargo. The TN is filled out only when the cargo is delivered to the recipient by a third-party transport company. The main task (TN) is to regulate the relationship between the shipper, cargo carrier and consignee.

Transport bill of lading form TN

• For your convenience, the TN transport bill of lading has already been filled out. You just need to open the file in the word editor and enter your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the consignment note TN

• Paragraph 1. Shipper - fill in the name of the shipper's company, address, phone number.
• Point 2. Consignee - fill in the shipper's company name, address and telephone number.
• Point 3. Name of cargo - indicate the name of the cargo, number of pieces, packaging, dimensions of the cargo (weight, volume).
• Point 4. Accompanying documents - we indicate documents if any are required for the cargo, for example, sanitary certificates, passports, etc.
• Point 5. Shipper's instructions - we indicate the parameters of the freight transport, weight, volume or temperature conditions, etc.
• Point 6. Acceptance of cargo - indicate the address, date, time of loading, seal number, if the cargo is sealed.
• Point 7. Delivery of cargo - indicate the address, date, time of unloading, seal number, if the cargo is sealed.
• Point 8. Conditions of transportation - enter the seal number.
• Point 9. Information about accepting an order - enter the date, month, year, full name and signature of the person who accepted the application.
• Point 10. Carrier - fill in the name of the carrier company, address, telephone number and full name of the driver.
• Point 11. Vehicle - fill in the make, number and other parameters of the vehicle.
• Point 12. Reservations and comments from the carrier - we fill in the comments, for example, if the packaging or cargo is damaged.
• Point 13. Other conditions - we fill in special permit numbers if the cargo is oversized or dangerous.
• Point 14. Forwarding - fill in if the unloading point has changed.
• Point 15. Cost of services - fill in the cost of the carrier’s services and indicate the form of payment, for example cash or non-cash payment.
• Point 16. Date of compilation and signatures of the parties - fill in the date, full name, sign and seal.
• Point 17. Markings of shippers, consignees, carriers - we fill in a brief description of the circumstances, if such arose during the transportation of goods.

6. CONTENT CONTENT

• Note: Consignment note (Bill of Lading) form 1-T - this document is intended to record the movement of inventory items and payments for their delivery by road. According to the UAT and the Civil Code, it is confirmation of the conclusion of a contract of carriage. The TTN is drawn up in 5 original copies: the 1st copy remains with the shipper, confirming the acceptance of the cargo by the driver for transportation with his signature, the rest signed by the driver leave with the cargo, 4 forms of the TTN are given at unloading to the recipient for certification with his seal and signature, 2- The 1st copy of the TTN remains with the consignee, and 3, 4 and 5 are given to the driver and these TTN forms are already distributed between the carrier (one copy), the forwarder (one copy) and the latter is then sent to the consignee to confirm the completion of transportation and the transfer of material assets to the recipient in full volume.

• According to the Resolution of the State Statistics Committee of the Russian Federation dated November 28, 1997 No. 78 “On approval of unified forms of primary accounting documentation for recording the work of construction machinery and mechanisms, work in road transport”, a consignment note for the transportation of goods by road is drawn up by the consignor for each consignee separately for each driving a car with the obligatory filling of all details.

Blank bill of lading form TTN

• For your convenience, the consignment note has already been filled out. You just need to open the file in the excel editor and enter your information into the appropriate fields; the instructions below will help you with this.

Instructions for filling out the consignment note TTN

• First section. The first section is called "Product". This section describes the trade relationship between the shipper, consignee and buyer of the goods (often the consignee and buyer are the same person).
• Second section. The second section is called “Transport”; it contains data on the vehicle, driver, and cargo transportation route.

7. POWER OF ATTORNEY TO RECEIVE ITEMS

• Note: A power of attorney to receive cargo is a special document that gives the right to receive cargo and accompanying documents for it, and also allows you to issue invoices for cargo and receive money for delivery services. The power of attorney can be filled out on behalf of an organization, individual entrepreneur, or on behalf of an individual. The power of attorney to receive material assets has 2 standard forms: M-2 and M-2a, approved by Resolution of the State Statistics Committee of Russia dated October 30, 1997 No. 71a. Form M-2 is used in the case of a one-time receipt of inventory materials; for regular receipt of inventory materials, form M-2a is used.

• A power of attorney is recognized as a written authority issued by one person to another person for representation before third parties in accordance with paragraph 1 of Art. 185 of the Civil Code of the Russian Federation).

Power of attorney form for receiving goods and materials, form M-2

Power of attorney form for receiving goods and materials, form M-2a

• For your convenience, the powers of attorney are already filled out. You just need to open the file in the excel editor and enter your information into the appropriate fields; the instructions below will help you with this.

Instructions for filling out a power of attorney to receive goods and materials, form M-2, form M-2a

• Form M-2. This form is issued exclusively for the receipt of inventory items (material assets) from a supplier with whom the contract was concluded for the first time or the goods are purchased from him very rarely. In this case, the spine of the tear-off part is a confirmation of this fact of the existing power of attorney and is kept in the accounting department.
• Form M-2a. This standard form is used to continuously receive valuables from one supplier. This power of attorney is drawn up in a single copy, and is also registered in the appropriate journal, where a list of all issued powers of attorney is stored.
• 1. Name of the recipient company. This company issues the power of attorney.
• 2. Number. It must be individual.
• 3. Date of issue. Expiration date of the power of attorney.
• 4. Name of the goods received, i.e. name, labeling, packaging, etc.
• 5. A unit of measurement for the quantity of products received. The quantity or volume of what is received.
• 6. Full name, series and passport number, position of the person for whom the power of attorney is issued.
• 7. Signature of the authorized representative.
• 8. Place for the certification signatures of the company's managers, director and chief accountant. Signatures are certified by a seal.

8. ROAD TRANSPORT CHARTER

• Note: Federal Law of November 8, 2007 N 259-FZ (as amended on July 13, 2015) “Charter of Automobile Transport and Urban Ground Electric Transport” (as amended and supplemented, entered into force on October 19, 2015).

• RUSSIAN FEDERATION FEDERAL LAW CHARTER OF ROAD TRANSPORT AND URBAN GROUND ELECTRIC TRANSPORT (Adopted by the State Duma on October 18, 2007, approved by the Federation Council on October 26, 2007.

Charter of Motor Transport (as amended as of April 20, 2015 N 102-FZ, as amended as of July 13, 2015 N 248-FZ)

• For your convenience, the charter is completely filled out. You just need to open the file in the word editor and print.

Instructions, summary of the charter.

• Chapter 1. General provisions
• Chapter 2. Cargo transportation
• Chapter 3. Regular transportation of passengers and luggage
• Chapter 4. Transportation of passengers and luggage according to orders
• Chapter 5. Transportation of passengers and luggage by passenger taxis
• Chapter 6. Responsibility of carriers, charterers, shippers, consignees, passengers, charterers
• Chapter 7. Acts, claims, lawsuits
• Chapter 8. Final provisions

9. TRAVEL LIST

• Note: The waybill for a truck is issued by the organization operating the vehicle for the purpose of transporting goods. It is intended to record the work of the driver and the vehicle, serving as the basis for settlements with the customer for the transportation of goods, as well as for settlements with the driver for payment of his labor.

• Truck waybill Standard interindustry form N 4-C Approved by Resolution of the State Statistics Committee of November 28, 1997 N 78

Waybill form 4-C

• Truck waybill Standard interindustry form N 4-P Approved by Resolution of the State Statistics Committee of November 28, 1997 N 78

Waybill form 4-P

Instructions for filling out waybills.

• Form No. 4-C. It is used in a piece-rate payment system for cargo transportation.
• Form No. 4-P. It is used with a time-based payment system.
• 1. The waybill issued to the driver must include the date of issue, as well as the stamp and seal of the organization that owns the car. Each issued waybill is subject to mandatory registration in a special Journal of the movement of waybills. In this case, the date of registration of the document must coincide with the date indicated on its form. As a rule, the dispatcher of the company that owns the vehicle is responsible for registering waybills.
• 2. Form No. 4-p contains lines that allow you to enter the numbers of the corresponding shipping documents issued during the transportation of inventory items. Each waybill is accompanied by one copy of shipping documentation for all cargo transported during a given driver’s work shift.

10. INTERNATIONAL CMR CONTENT CONTENT

• Note: CMR means an international consignment note, which is considered a mandatory element of the customs declaration. When crossing the border with any goods, such an invoice must be present in your possession. A CMR consignment note must be issued for transportation across all European countries.

• The form and procedure for filling out the CMR (international consignment note) are approved by the Ministry of Transport and Communications. All rules are fixed in the relevant convention, which was approved in 1956. The Convention involves the regulation of contractual relations on the international transportation of goods between countries.

International consignment note CMR

Instructions for filling out the CMR.

• How many copies? One copy for the sender. A second copy for the recipient. The third copy is for the carrier. The fourth copy is for calculations.
• Paragraph 1. Name of the sender/company sending the goods.
• Point 2. Name of the recipient/company receiving the goods.
• Point 3. The name of the cargo that needs to be transported across the border.
• Point 4. Weight of transported cargo.
• Point 5. Reloading of goods along the route is not allowed.
• Point 6. Information about payments that must be paid without fail.
• Point 7. The amount of those payments that are due at the time of delivery of the goods.
• Point 8. Data on the declared value of goods.
• Point 9. Recommendations that talk about product insurance.
• Point 10. Information about the period during which the sender must carry out transportation.
• Point 11. A list of all documentation that is submitted directly to the carrier.

Download the file with detailed instructions for filling out the CMR

Often or not, all entrepreneurs are faced with the need to transport goods, and, often, motor transport turns out to be the most acceptable in terms of time and cost. It’s good if you have been cooperating with a large forwarding company for a long time, with a well-established work scheme, cargo cost calculators and deadline tables on the website. If you prefer to negotiate with a private owner, then you should take care of the correct preparation of documentation yourself, including the contract for transportation by road.

The contract of carriage regulates the relations arising from the need to transport cargo by the carrier on the terms of the sender to a third party. This agreement is different from other bilateral agreements the presence of a third party - the consignee, which has nothing to do with the signing of this document.

Please keep in mind that you can send the goods either as an individual or as a legal entity (or entrepreneur), the carrier can only be an individual entrepreneur or a commercial organization, because For this, a license for the right to transport goods is required.

The specificity of the carrier's services lies in the fact that he assumes not only responsibility for the transportation of cargo, but also for its safety, delivery to the consignee, unloading and loading; do not forget to note these carrier responsibilities in the contract.

However main purpose of the contract of carriage- transportation and delivery of cargo to its destination. These relationships are regulated by the following legislation:

• Civil Code of the Russian Federation Chapter 40. Transportation art. 784 – art. 800.
• Civil Code of the Russian Federation Chapter 41. Transport expedition Art. 801 – Art. 806.
• Federal Law of June 30, 2003 N 87-FZ “On transport and forwarding activities”

An important point in the contract of carriage is the period of carriage. The term refers to the time spent on delivery and unloading of the goods to the recipient. The term of the contract is determined on the basis of reasonable terms in accordance with Art. 792 of the Civil Code of the Russian Federation, you can familiarize yourself with them in various transport codes and charters. The carrier must undertake transport cargo over the shortest distance (optimal route) in the shortest possible time.

A prerequisite for concluding a contract of carriage is application, which should be formatted as application to the agreement.

Transportation of any cargo is processed waybill (Bill of Lading). It contains all the necessary information about the cargo, consignor, consignee, driver and other accompanying information.

The entrepreneur should know that the carrier is obliged to select transport in accordance with the weight, dimensions and other characteristics of the goods, and, of course, in proper technical condition. The vehicle must be clean, free of debris, and, if necessary, disinfected. Otherwise, the customer has the right to refuse transportation and demand payment of penalties and delays in delivery.

In turn, the customer assumes all risks associated with unexpected downtime of the carrier that arose through his fault, and is obliged to provide normal living conditions. Compliance with regulatory deadlines for loading and unloading operations also lies with the customer, and not with the consignee, so it is better to discuss this issue in advance between the interested parties. The contract should indicate whose responsibility it is secure cargo securing, to avoid misunderstanding. In any case, downtime due to the fault of the customer must be paid according to the tariffs.

There is a general rule: rescheduling of loading time on either side in less than 24 hours before the agreed date entails penalties provided for in the contract, be it payment at a tariff or a percentage of the contract amount.

Payment for services Cargo transportation is carried out, as a rule, upon provision by the carrier of the following documents:

• the original of the consignment note with the consignee’s mark on acceptance of the cargo;
• original invoice;
• certificate of completion;
• a receipt for any additional costs incurred by the carrier, agreed upon in writing by the parties;
• other documents provided for in the contract.

Contract of carriage– one of the most difficult, because It is impossible to foresee all the circumstances along the way, therefore both parties should be prepared for a negotiated method of resolving controversial issues, and the customer should provide the carrier with a telephone connection for official use to promptly resolve problems that have arisen.

Agreement No.____

Under a contract for the carriage of goods, the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and hand it over to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods (clause 1 of Article 739 of the Civil Code).

The contract is real, bilateral and paid. The affreightment agreement (charter), (Article 741 of the Civil Code), for sea transportation is consensual.

The contract of carriage by public transport, by virtue of direct instructions (clause 3 of Article 743 of the Civil Code) is a public contract. The rules emphasizing the publicity of the contract of carriage by public transport are contained in transport charters and codes and uncodified laws. So, in accordance with Part 3 of Art. 18 of the Law of the Republic of Belarus “On Railway Transport”, enterprises and organizations of public railway transport do not have the right to refuse transportation to a passenger, sender of goods or luggage who has correctly completed travel and transportation documents, except in cases provided for by the Civil Code of the Republic of Belarus, as well as other acts of legislation of the Republic Belarus, including the Charter of public railway transport. According to para. 3 clause 18 of the Charter of Public Railway Transport The Belarusian Railway and its enterprises do not have the right to refuse to accept an application for the transportation of goods if there are possibilities for their transportation.

Parties in the contract for the carriage of goods - the carrier and the sender (shipper). Shippers can be any legal entities or individuals. Carriers can be commercial organizations and individual entrepreneurs who have a special permit (license) to carry out transportation activities. In accordance with the List of activities for which special permits (licenses) are required, and state bodies and state organizations authorized to issue them, approved by Decree of the President of the Republic of Belarus dated July 14, 2003 No. 17, activities in the field of automobile and inland waterways are subject to licensing , sea transport (excluding intra-republican transportation for own needs).

The issue of the legal status of the consignee is interpreted ambiguously in the legal literature. In those rare cases when the shipper and the consignee are the same person, no questions arise. The most common opinion is that the parties to a contract for the carriage of goods are the carrier and the consignor, and the contract for the carriage of goods itself is an agreement in favor of a third party (the consignee). 204

Item contract for the carriage of goods - services for the delivery of goods to the destination. Identification of the subject of the contract for the carriage of goods is important for the purposes of classifying civil contracts. A contract for the carriage of goods is one of those civil law contracts, the subject of which has a complex multi-level structure. There is no doubt that the actions of moving cargo in space are the main thing that characterizes the service in the contract for the carriage of goods. However, the movement of cargo is often accompanied by the performance of actions necessary for the movement of cargo or preceding the movement of cargo (loading and unloading, transshipment, storage, etc.), which may be the subject of other civil contracts, for example, storage and paid services. Therefore, in this case, the main classifying feature should be highlighted, and here it is the movement of cargo in space. All other signs have only clarifying norm-forming significance. 205

Form of contract for the carriage of goods. In accordance with paragraph 2 of Art. 739 of the Civil Code, the conclusion of a contract for the carriage of goods is confirmed by the preparation of a waybill (bill of lading or other document for the cargo provided for by the transport charter or code, other acts of legislation). Requirements for the form of the consignment note for certain types of transportation are established by transport charters and codes, as well as the rules for transporting goods by certain types of transport.

Term in the contract for the carriage of goods. In ch. 40 of the Civil Code contains only a general rule that the carrier is obliged to deliver the cargo to the destination within the time limits determined in the manner prescribed by law, and in the absence of such terms - within a reasonable time (Article 746 of the Civil Code). The timing of cargo delivery is determined according to the rules on the timing and procedure for cargo delivery contained in transport charters, codes and rules for the transportation of cargo. It is necessary to distinguish between the duration of the contract, when the contract is concluded when it is necessary to carry out transportation over a long period of time (Article 752 of the Civil Code) and the period of delivery of the cargo. The duration of long-term contracts is determined by agreement of the parties.

Price in the cargo transportation contract may consist of several components:

1. Freight charge established by agreement of the parties, unless otherwise provided by law. In this case, the freight charge for the transportation of goods by public transport is determined on the basis of tariffs approved in the manner established by transport charters and codes, as well as other legislation.

2. Payment for work and services performed by the carrier at the request of the cargo owner that are not provided for in the tariffs. The amount of such fee is determined by agreement between the carrier and the cargo owner.

In accordance with paragraph 4 of Art. 744 of the Civil Code, the carrier has the right to retain the goods transferred to him for transportation as security for the carriage charge due to him and other payments for transportation (Article 340 of the Civil Code), unless otherwise established by law or follows from the essence of the obligation.

According to paragraph 1 of Art. 745 of the Civil Code, the carrier is obliged to provide the shipper, within the period established by the contract, with serviceable vehicles in a condition suitable for the transportation of the relevant cargo. In this case, the shipper has the right to refuse submitted vehicles that are not suitable for transporting the relevant cargo.

The shipper is obliged to pay a freight charge for the transportation of goods, and in cases provided for by contract or legislation - a fee for work and services performed by the carrier and not provided for by tariffs.

In relation to contracts for the carriage of goods by certain types of transport, transport charters and codes, as well as rules for the carriage of goods, establish the rights and obligations of the parties characteristic of this type of transport.

Responsibility under a contract for the carriage of goods. In accordance with paragraph 1 of Art. 747 of the Civil Code, in the event of non-fulfillment or improper fulfillment of transportation obligations, the parties bear responsibility established by the Civil Code and other acts of legislation, as well as by agreement of the parties.

Any agreement between the carrier and the cargo owner to limit or eliminate liability established by law is assumed to be invalid. The exception is cases when the possibility of such agreements is provided for by law.

Article 748 of the Civil Code indicates the responsibility of the carrier for failure to provide vehicles for the carriage of goods in accordance with the contract and the responsibility of the sender for failure to present cargo or failure to use provided vehicles, established by law, as well as by agreement of the parties.

Force majeure, as well as other natural phenomena (fires, drifts, floods), military actions, cessation or restriction of the transportation of goods in certain directions, established in the manner prescribed by law and other cases provided for by law, exempt the carrier and the shipper from liability for failure to deliver transport funds or failure to use provided vehicles.

The carrier is responsible for failure to preserve the cargo that occurs after accepting it for transportation and before handing it over to the consignee or his authorized person, unless he proves that the loss, shortage or damage (spoilage) of the cargo or luggage occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on him.

In accordance with paragraph 2 of Art. 750 of the Civil Code, damage caused during the transportation of cargo is compensated by the carrier: a) in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo; b) in case of damage (damage) to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value; c) in case of loss of cargo delivered for transportation with its value declared - in the amount of the declared value of the cargo. In this case, the cost of the cargo is determined based on its price indicated in the seller’s invoice or provided for in the contract, and in the absence of an invoice or a price indicated in the contract, based on the price that, under comparable circumstances, is usually charged for similar goods. In addition, the carrier returns to the shipper (recipient) the freight charge collected for the transportation of lost, missing, spoiled or damaged cargo, if this fee is not included in the cost of the cargo.

Documents on the reasons for the failure of the cargo (commercial act, general form act, etc.), drawn up by the carrier unilaterally, in the event of a dispute, are subject to evaluation by the court along with other documents certifying the circumstances that may serve as the basis for liability of the carrier, sender or recipient cargo (clause 4 of article 750 of the Civil Code).

The conditions of liability of participants in the transportation obligation are determined according to the rules of Chapter. 25 of the Civil Code, as well as in accordance with the rules contained in transport charters and codes.

Features of contracts for the carriage of goods by certain types of transport:

Railway transport. The main source of legal regulation is the Charter of public railway transport. The Charter determines the procedure for drawing up, concluding and executing contracts for rail transportation, the basic conditions for the transportation of goods, the basic rules for the operation of access roads, as well as the relationship of the Belarusian Railway, its enterprises with enterprises and organizations of other modes of transport.

The railway transportation of goods is characterized by a system of applications, the procedure for filling out and submitting them, their execution and accounting are established by the rules for the transportation of goods.

Registration of contractual relations for railway transportation of goods has its own characteristics. In accordance with clause 30 of the Charter of Public Railway Transport, the shipper must provide the railway station of departure for each shipment of cargo with a completed invoice, consisting of sheets of the original invoice, road manifest, the spine of the road manifest, a receipt for acceptance of cargo, which is a contract for the carriage of goods. If necessary, the shipper is obliged to provide documents of the “second stage”: documents for performing customs procedures, a certificate and specification.

Confirmation of acceptance of cargo for transportation is a cargo acceptance receipt issued by the railway station, in which the calendar stamp of the railway station is affixed.

The variety of goods handed over for transportation, significant differences in their characteristics and transportation features predetermine the need for detailed regulation of relations associated with the supply and determination of the suitability of wagons and containers. According to clause 40 of the Charter, the commercial suitability for transportation of a specific cargo is determined by: wagons - by the shippers, if loading is carried out by them, or by enterprises of the Belarusian Railway, if loading is carried out by these enterprises; containers, specialized wagons - by shippers. However, in any case, enterprises of the Belarusian Railway are obliged to provide wagons and containers for loading that are technically in good working order and suitable for transporting a specific cargo.

The importance of delivery times for cargo by rail increases as the length of the route increases. The calculation of the cargo delivery time begins at 24 o'clock on the day the cargo is accepted for transportation. The cargo is considered delivered on time if it is unloaded at the destination railway station by the Belarusian Railways or if a wagon or container with cargo is delivered to the consignee for unloading before the expiration of the established delivery period (clause 51 of the Charter).

The consignee, clause 55 of the Charter, is obliged to accept and remove from the railway station the cargo that has arrived at his address.

Section VII of the Charter contains rules on the liability of the Belarusian Railway, its enterprises, shippers, and consignees. Thus, clause 110 of the Charter establishes liability for the failure of the enterprises of the Belarusian Railway to supply wagons and containers for transportation, failure to present cargo, non-use by the shipper of the supplied wagons and containers or his refusal of the wagons and containers specified in the application. In this case, the amount of the fine paid depends on the carrying capacity of the wagons and containers.

Automobile transport. In accordance with Art. 3 of the Law of the Republic of Belarus “On Road Transport and Road Transportation”, legislation on road transport and road transportation is based on the Constitution of the Republic of Belarus and consists of the Civil Code of the Republic of Belarus, the Law of the Republic of Belarus “On the Fundamentals of Transport Activity”, the Law “On Road Transport and Road Transportation "and other acts of legislation.

The relationship between a motor carrier and an individual who intends to enter into (has entered into) an agreement for the road transportation of passengers or cargo or a charter agreement exclusively for personal, household, family and other needs not related to business activities is subject to legislation on the protection of consumer rights.

Features of regulation of road transport of dangerous goods are determined by legislation in the field of transport of dangerous goods.

Road transport is divided into intra-republican And international road transport.

TO intra-republican road transport includes:

urban road transport;

suburban road transport;

intercity intraregional road transportation;

intercity interregional road transport.

Urban road transport is road transport carried out within the city (settlement) and beyond to points established by the decision of local executive and administrative bodies.

Suburban road transport is road transport that cannot be classified as urban road transport and is carried out within the administrative boundaries of the district or beyond its boundaries with a route length of no more than 50 kilometers, measured from the boundaries of the city (settlement), which is the starting point of the route.

Intercity intraregional automobile transportation is automobile transportation that cannot be classified as urban or suburban automobile transportation and is carried out within the administrative borders of the region of the Republic of Belarus.

Intercity interregional automobile transportation is automobile transportation that cannot be classified as urban or suburban automobile transportation and is carried out across the territories of two or more regions of the Republic of Belarus.

Road transport of passengers can be carried out on regular or irregular routes.

Automobile transportation of passengers in regular traffic – systematic automobile transportation of passengers, carried out according to schedules or intervals of movement of vehicles with established start and end times of work along certain routes with places for boarding and disembarking passengers, equipped in accordance with the requirements of technical regulatory legal acts.

Automobile transportation of passengers in regular traffic is divided into automobile transportation of passengers by public transport and other automobile transportation of passengers in regular traffic.

Automobile transportation of passengers in irregular traffic – automobile transportation of passengers that cannot be classified as automobile transportation of passengers in regular traffic.

Communications of road transport and logistics requirements predetermine the need for rational use of vehicles for the transportation of goods.

The conclusion of an agreement for the road transport of goods is carried out in the manner established by the Rules for the road transport of goods and is confirmed by the preparation of a consignment note or other transport document. An incorrectly drawn up consignment note or other transport document, as well as their loss, do not affect the validity of the concluded contract for the carriage of goods by road.

In accordance with Art. 42 of the Law “On Road Transport and Road Transport”, a road carrier is obliged to submit, within the period established by the contract for the road transport of goods, a charter agreement for the road transport of goods or an agreement on the organization of road transport of goods, a serviceable vehicle for loading in a condition suitable for the road transport of the relevant cargo. At the same time, the shipper has the right to refuse a vehicle that was promptly submitted for loading if it does not comply with the terms of the contract or is unsuitable for road transportation of the relevant goods.

If a vehicle submitted for loading in a timely manner does not comply with the terms of the contract or is unsuitable for the road transportation of the relevant goods, then such a vehicle is considered not submitted for loading.

The time for submitting a vehicle for loading is calculated from the moment the vehicle arrives and the driver of the vehicle presents the waybill to the shipper.

Transport documents for road transport of goods are recognized as:

waybill;

waybill;

international consignment note “CMR” (CMR consignment note), drawn up in accordance with the Convention on the Contract for the International Carriage of Goods by Road (CMR), adopted in Geneva on May 19, 1956;

order-instruction and other documents in accordance with the law.

The use of a vehicle when performing road transportation of cargo is documented with a waybill.

To carry out the road transport of goods of a commercial nature, a consignment note is drawn up, and in cases provided for by the Rules for the road transport of goods, an order or other documents specified by the Rules for the road transport of goods are drawn up.

The road transport of non-commodity cargo is formalized by making an entry in the waybill, and in cases provided for by the Rules for the road transport of goods, by other transport documents determined by the Rules for the road transport of goods.

Transport documents are issued in the manner established by the Ministry of Finance of the Republic of Belarus in agreement with the Ministry of Transport and Communications of the Republic of Belarus, with the exception of the issuance of a CMR consignment note, which is carried out in the manner established by the Ministry of Transport and Communications of the Republic of Belarus in agreement with the Ministry of Finance of the Republic of Belarus.

Responsibilities for drawing up a waybill are assigned to the road carrier, a consignment note - to the shipper, an order-order - to the road carrier, unless otherwise established by legislative acts or agreement of the parties.

If the legislation provides for the need to prepare shipping documents (certificate of conformity, veterinary and phytosanitary certificates, certificate of origin of goods, etc.), the customer for road transportation of goods is obliged to ensure that such documents, properly executed, are provided to the road carrier along with the transport document.

The motor carrier is not obliged to check the correctness of the shipping documents. At the same time, the road carrier is obliged to compensate for losses incurred by the customer of road transportation of goods in the event of loss or improper use of shipping documents.

It is permissible to conclude a charter agreement for the road transportation of goods, under which the carrier undertakes, at the request of the customer, to provide for a fee to the customer for the road transportation of goods (charterer) all or part of the capacity of one or more vehicles for one or more flights for the road transportation of goods (Article 38 of the Law) .

For failure to fulfill or improper fulfillment of obligations under an agreement for the road transport of passengers or cargo, a charter agreement for the road transport of passengers or goods, an agreement on the organization of transportation of passengers or goods, the parties bear responsibility established by the Law “On Road Transport and Road Transport”, other acts of legislation, and also by agreement of the parties. Thus, the carrier is responsible for failure to deliver a vehicle, for failure to preserve cargo or luggage, for delay in the departure of a vehicle or for its late arrival at the destination when transporting passengers by road, for causing harm to the life or health of a passenger. The customer is responsible for failure to use the supplied vehicles, as well as for other violations when this is provided for by law or by agreement of the parties.

Agreements between the parties to limit or eliminate liability established by law are invalid, except in cases where the possibility of such agreements is provided for by law.

When transporting dangerous goods by road, the shipper is obliged to indicate in the consignment note information about the danger of the cargo. The basis for the legal regulation of the transportation of dangerous goods is the Law of the Republic of Belarus “On the Transportation of Dangerous Goods”.

Sea transport. Modern maritime law, both in essence and terminology, is distinguished by its traditions. Among other types of transportation, transportation by sea is most subject to the traditions of rule-making that have developed over a very long period of time. The external history of maritime law begins with collections of maritime customs that developed partly within the borders of the Mediterranean Sea, partly along the northern shores of Europe. The history of maritime legislation opens with the famous Ordonnance de la marine, 1681, the scope of which was much wider than the scope of its legal force as a law. In the 19th century, with general codification, maritime law was also given attention in trade codes. 206

The basis for the legal regulation of relations arising in connection with the carriage of goods by ships, the use of ships for towing, the implementation of rescue operations, as well as other relations in the field of merchant shipping is the Merchant Shipping Code of the Republic of Belarus (MCM). If an international treaty of the Republic of Belarus establishes rules other than those provided for by the MLC, then the rules of the international treaty apply.

It is necessary to distinguish between a contract for the carriage of goods by sea, when the carrier undertakes to deliver the cargo entrusted to him by the sender to the port of destination and hand it over to the person authorized to receive the goods (recipient), and the sender undertakes to pay the agreed fee for the carriage of goods (freight), (Article 80 of the Code of Transport of the Russian Federation) and a charter agreement (charter) in which one party (charterer) undertakes to provide to the other party (charterer) for a fee (freight) all or part of the capacity of one or more ships for one or more voyages for the carriage of cargo by sea (Article 81 of the CMC).

When concluding an agreement on the organization of sea transportation of goods, when this is necessary for systematic transportation (practice in all types of transport), the conditions for the sea transportation of goods, defined in the agreement on the organization of sea transportation of goods, are considered included in the agreement on the sea transportation of goods.

A document certifying the conclusion of a contract for the carriage of goods by sea and serving as evidence of acceptance by the carrier of the cargo specified in this document - a bill of lading. The requirements for the contents of the bill of lading are determined by Art. 87 KTM (name of the carrier and its location; name of the vessel; place of loading and date of acceptance of the cargo at the port of loading; name of the sender and its location; destination of the cargo or destination of the vessel; name of the recipient, if specified by the sender; name of the cargo, main stamps required for its identification; description of the external condition of the cargo, etc.). A bill of lading can be issued in the name of a specific recipient (nominal bill of lading), to the order of the sender or recipient (order bill of lading) or to bearer.

A characteristic feature of legal relations for the carriage of goods by sea is the definition in the CTM of special interconnected conditions that affect the loading of cargo and remuneration, one of which is the time provided for loading (stay time and counter-stay time).

When transporting goods by sea, the procedure for placing cargo on the ship is regulated in a special way. In accordance with Art. 106 KTM, cargo is placed on the ship at the discretion of the ship's captain. In this case, the carrier is responsible for the correct placement, securing and separation of cargo on the ship.

One of the manifestations of the effect of maritime customs is the norms of Art. 116 KTM, according to which the carrier is obliged to deliver goods in accordance with the route and terms specified in the contract, and in the absence of such an indication - in accordance with the usual route and within the usual terms. In this case, any deviation of the ship from the intended route (division) for the purpose of rescuing people, ships and cargo at sea, as well as any other reasonable deviation from the route, if it is not caused by incorrect actions of the carrier, is not considered a violation of the contract.

The conditions and payment procedures for the carriage of goods by sea differ in their characteristic features. Thus, in cases provided for by the contract, and if there is a corresponding clause in the bill of lading, payment of payments due to the carrier may be made by the recipient. The carrier has the right to retain the cargo transferred to him for transportation by sea to ensure the freight due to him and other payments for transportation, for example, demurrage (remuneration due to the carrier for the demurrage of the vessel during laytime), unless otherwise established by law or follows from the essence of the obligation.

The amount of freight is established by agreement of the parties, unless otherwise provided by the legislation of the Republic of Belarus. In the absence of an agreement between the parties, the amount of freight is determined based on the rates applied at the place and during the loading of the vessel. Loading cargo in larger quantities than was provided for in the contract leads to an increase in freight. If instead of the cargo stipulated by the contract, another cargo is loaded onto the ship, the freight for the transportation of which is more than established by the contract, the freight for the transportation of the actually loaded cargo is paid. If the freight for the transportation of cargo actually loaded on the ship is less than the freight stipulated by the contract, the freight stipulated by the contract is paid.

Inland water transport. The legal, economic and organizational foundations of navigation on the inland waterways of the Republic of Belarus are established by the Code of Inland Water Transport of the Republic of Belarus (CWTC). Article 4 of the ITC establishes the priority of an international treaty of the Republic of Belarus over the ITC in the event that an international treaty of the Republic of Belarus that has entered into force establishes rules other than those contained in the ITC.

Inland water transport is a type of transport in which cargo is transported along inland waterways using inland navigation vessels, mixed (river-sea) navigation vessels and small vessels.

Under a contract for the carriage of cargo by inland water transport, the carrier undertakes to deliver the cargo entrusted to him by the consignor to the destination and hand it over to the person authorized to receive the cargo (the consignee), and the consignor undertakes to pay the established fee for transportation (Article 69 of the KVVT).

The conclusion of a contract for the carriage of goods by inland water transport is confirmed by drawing up a bill of lading. In addition to the bill of lading, other transportation documents are also issued, which are mandatory for all persons involved in the transportation of goods by inland water transport. The forms and procedure for filling out such documents are established by the Rules for the carriage of goods by inland water transport.

Before presenting the cargo for transportation, the shipper is obliged to prepare the cargo in such a way as to ensure the safety of transportation, its safety, as well as the safety of the ship and containers, rational use of the carrying capacity and capacity of the ship and containers.

The suitability of ships and containers for transporting the cargo presented is determined by the shipper or his authorized person on the basis of the requirements established by the Rules for the carriage of goods. The rules for the carriage of goods also establish methods for stowing and securing cargo on ships, indicating the devices and materials necessary for loading, securing and transporting cargo, as well as standards for the provision of such devices and materials.

For the transportation of goods by inland water transport, a freight charge is charged, established by agreement of the parties, unless otherwise provided by the legislation of the Republic of Belarus. Freight charges are determined based on tariffs. Work and services performed by the carrier at the request of the cargo owner and not covered by tariffs are paid for by agreement of the parties.

The delivery time of goods by inland water transport and the procedure for calculating them are determined in accordance with the Rules for the carriage of goods.

If there are grounds and in the manner provided for in Art. 79 KVVT it is possible to restrict or terminate the transportation of goods (force majeure, military actions, declaration of quarantine, excessive accumulation of cargo and ships in the port, etc.).

Air Transport. Legal relations for air transportation, more than other types of transportation, are influenced by public law principles, since the use of airspace is associated with the need to ensure aviation and environmental safety, efficiency of transportation and aviation work.

The basis for the legal regulation of air transportation is the Air Code of the Republic of Belarus.

Technical features and capabilities of air transport divide air transportation into domestic air transportation, in which the points of departure, destination and landing are located on the territory of the Republic of Belarus, and international air transportation, in which the points of departure and destination are located, respectively, in the territories of two states or in the territory of one state, if a landing point (points) is provided on the territory of another state.

Under an agreement for air transportation of cargo, the carrier undertakes to deliver the cargo or postal items entrusted to him by the shipper to the destination and deliver them to the consignee or a person authorized to receive the cargo or postal items, and the shipper undertakes to pay for the air transportation of goods or postal items (Part 3 of Article 95 of the VK ). It is allowed to charter an aircraft with the conclusion of a charter agreement (air charter), when one party (charterer) undertakes to provide the other party (charterer) for a fee to perform one or more flights one or more aircraft or part of an aircraft for air transportation of goods.

The contract for the carriage of goods by air is certified by a cargo waybill in the established form.

Payment for air transportation of goods is carried out on the basis of tariffs established for domestic air transportation in accordance with the law, and for international air transportation in accordance with international treaties of the Republic of Belarus. The list, size and procedure for calculating tariffs, rates and fees for the performance of work and provision of services provided by civil aviation are approved in the manner determined by the Council of Ministers of the Republic of Belarus. The amount of payment for the performance of work and the provision of services provided by civil aviation, not provided for in the specified list, is established by agreement of the parties (Article 106 of the Air Code).

The delivery time for cargo and postal items is determined by aviation rules or air transportation rules established by the carrier, unless otherwise provided by the contract for air transportation of cargo.